ILLINOIS POLLUTION CONTROL BOARD
    August 9, 1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—72
    (Enforcement)
    CLEVELAND CORPORATION,
    )
    an Illinois corporation,
    Respondent.
    APPEARANCE FOR COMPLAINANT BY RICHARD VERKLER, ASSISTANT ATTORNEY
    GENERAL.
    APPEARANCE FOR RESPONDENT BY THOMAS RUECKERT.
    OPINION AND ORDER OF THE BOARD (by M. Nardulli):
    This matter comes before the Board upon a five count
    complaint filed April 20 1990, on behalf of the People of the
    State of Illinois (~People”), by and through its attorney, Neil
    F. Hartigan, Attorney General of the State of Illinois, against
    Cleveland Corporation located in Zion, Lake County, Illinois.
    The complaint alleges that Cleveland Corporation has violated
    Sections 9(a), (b) and (c) of the Illinois Environmental
    Protection Act (flActu), Ill, Rev. Stat. 1989, ch. 1ll~, pars.
    1001, et. seq., and 35 Ill. Adm. Code 201.142, 201.143 and
    237.102(a) of the Board’s rules and regulations.
    Hearing on this matter was held June 28, 1990, in Waukegan,
    Lake County, Illinois. At hearing, the parties submitted a
    Stipulation and Settlement Agreement, executed by the parties.
    The Stipulation sets forth facts pertaining to the nature,
    operations, and circumstances surrounding the claimed
    violations. Cleveland Corporation admits to past violations of
    Section 9(a) and
    (C)
    of the Act and 35 Ill. Adm. Code 201.143 and
    237.102(a) and agrees to pay a civil penalty of six thousand
    dollars ($6,000) in four equal quarterly installments, Cleveland
    Corporation further agrees to cease and desist from the alleged
    violations.
    The Board finds the Settlement Agreement acceptable under 35
    Ill. Adm. Code 103.180. It should be noted that the Settlement
    Agreement does not refer to either Section 9(b) of the Act or 35
    Ill. Adm. Code 201.142; however, the Stipulation does release
    Respondent from further liability and penalties under the
    complaint. This Settlement Agreement in no way affects
    114—65
    —2—
    respondent’s responsibility to comply with any federal, state or
    local regulations, including but not limited to the Act and the
    Board’s pollution control regulations.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.) The Board hereby accepts the Stipulation and
    Settlement Agreement executed by the People of the
    State of Illinois and Cleveland Corporation,
    concerning Cleveland Corporation’s operations located
    in Lake County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2.) Cleveland Corporation shall pay the sum of six
    thousand dollars ($6,000), in four equal quarterly
    installments. The first such installment shall be
    made within 30 days of the date of this Order. Such
    payments shall be made by certified check or money
    order payable to the Treasurer of the State of
    Illinois, designated to the Environmental Protection
    Trust Fund, and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    Cleveland Corporation shall also write its Federal
    Employer Identification Number or Social Security
    Number on the certified check or money order.
    Section 41 of the Environmental Protection Act, Ill. Rev.
    Stat. 1989, ch. lll~, par. 1041, provides for appeal of final
    Orders of the Board within 35 days. The Rules of the Supreme
    Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    II
    .‘~—bt~
    —3—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above~Opinion and Order was
    adopted on the
    vi’-
    day of
    ___________________,
    1990, by a
    vote of
    .5~—/ .
    -‘
    Ill
    llut Control Board
    114—67

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